Ariel Ayanna is basing his claim on the Family and Medical Leave Act following his termination from the firm in December 2008, four months after he used paid paternity leave and statutorily-allowed time to care for his children and mentally ill wife.
Jury trial
Boston federal judge Nathanial Gorton denied summary judgment to Dechert on Mr Ayanna’s retaliation claim, but granted a summary judgment motion on Mr Ayanna’s claim under a Massachusetts sex discrimination law, reports The National Law Journal. A jury trial on Mr Ayanna’s claim under the act is set to begin on 14 November.
In Mr Ayanna’s most recent complaint, he states: ‘The culture for men at Dechert is a ‘macho’ one which praises and encourages male associates and partners to fulfil the stereotypical male role of ceding family responsibilities to women.’
In his ruling, Judge Gorton wrote: ‘When viewed in the light most favourable to Mr Ayanna, there is sufficient evidence to support a finding that his FMLA leave and his termination were related ....’
Factual dispute
Other observations made by the judge included a ‘factual dispute’ concerning claims that the firm purposefully withheld work from Mr Ayanna in retaliation to his FMLA leave and a lack of warning prior to the termination, which other associates had been given.
Mr Ayanna’s lawyer, Rebecca Pontikes of Boston firm Pontikes Law, said: ‘We’re gratified to see that Judge Gorton recognised that there was evidence here for pretext for retaliation. We’re glad it’s moving forward.’
Dechert declined to comment.
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